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Oral Confession in Spanish

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February 19, 2005, 20:49
WTLS
Oral Confession in Spanish
I have a case in which the Defendant confessed orally in Spanish. The police (officer who conducted interview and police transcriptionist) have transcribed the confession into English. Do I need a certified court translator to review and transcribe the tape in order to get it admitted in evidence at the upcoming trial?
February 19, 2005, 23:02
Martin Peterson
If there is an audio recording of the statement, then I presume it will need to be offered and played at trial, with a proper interpreter acting (live) just as if the defendant were on the stand. If you can get the defense to agree to a written (English) version prior to trial, then just substitute it for the tape. But it would appear to me that it is the recording which is admissible under 38.22. Noncustodial oral statements against interest can be recounted by the original interpreter (officer). See Perez, 608 S.W.2d at 636.
March 02, 2005, 10:01
WTLS
It is an audio taped confession with the proper warnings under 38.22. Can I play the tape in its entirety and then have the spanish/english speaking officer who took the confession tell the jury what it means utilizing a written transcript prepared by the police? It seems to me that it would be nearly impossible for an interpreter to interpret the confession as it is played. Can the officer interpret the confession or do I need a court certified interpreter to interpret it? The tape is fairly long. I'm just curious how others have handled this in the past.
March 02, 2005, 10:15
jws
See Rule of Evidence 1009 re: translations.